[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Rules and Regulations]
[Pages 10497-10499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4588]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 41
[Public Notice 2171]
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended
AGENCY: Bureau of Consular Affairs, DOS.
ACTION: Final rule.
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SUMMARY: Legislation over the last several years has created several
new nonimmigrant visa categories. This rule provides a new table of
nonimmigrant visa symbols at Sec. 41.12 which reflects these changes.
Minor editorial changes have also been made throughout.
EFFECTIVE DATE: This rule takes effect on February 27, 1995.
ADDRESSES: Chief, Legislation and Regulation Division, Visa Office,
Washington, D.C. 20522-1013.
FOR FURTHER INFORMATION CONTACT:
Stephen K. Fischel, Chief, Legislation and Regulations Division, 202-
663-1204.
SUPPLEMENTARY INFORMATION: The passage of the Violent Crime Control and
Law Enforcement Act of 1994 and the enactment of the North American
Free Trade Agreement Implementation Act, which implemented the North
American Free Trade Agreement (NAFTA), resulted in the creation of new
nonimmigrant visa categories. The visa symbols for these nonimmigrant
categories, S-1 and S-2 and TN and TD, are added to the list of
nonimmigrant visa symbols at Sec. 41.12.
Aliens Supplying Critical Information Relating to a Criminal
Organization or Enterprise
On September 13, 1994, the President signed into law the Violent
Crime Control and Law Enforcement Act of 1994 (Pub. L. 103-322).
Section 130001 of this Act amends the Immigration and Nationality Act
(INA)( by adding a new subparagraph (S) at INA 101(a)(15), thus
establishing a new nonimmigrant (S) classification (``S-1'' and ``S-
2'') for these aliens and their dependents.
NAFTA Professionals
In December 1993, the United States concluded the North American
Free Trade Agreement (NAFTA) with Canada and Mexico. The North American
Free Trade Agreement Implementation Act (Pub. L. 103-182) implementing
the NAFTA agreement was signed by the President on December 8, 1993 and
took effect January 1, 1994. Section 341 of the Implementation Act
provided for certain professionals entering the United States under
this agreement to be treated as if classified as nonimmigrants under
INA 101(a)(15). The symbols TN and TD have been designated for these
professionals and their dependents.
Final Rule
This rule adds the S-1 and S-2 and TN and TD symbols to the list of
nonimmigrant symbols at 22 CFR 41.12. This rule is not expected to have
a significant impact on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. This rule imposes no
reporting or record-keeping action from the public requiring the
approval of the Office of Management and Budget under the Paperwork
Reduction Act requirements. This rule has been reviewed as required by
E.O. 12778 and certified to be in compliance therewith. This rule is
exempted from E.O. 12866 but has been reviewed to ensure consistency
therewith.
List of Subjects in 22 CFR Part 41
Classification of nonimmigrants, Classification symbols, Visas.
Accordingly, part 41 to 22 of the Code of Federal Regulations is
amended to read as indicated below:
PART 41--[AMENDED]
1. The authority citation for Part 41 is revised to read as
follows:
Authority: 8 U.S.C. 1101 and 1104; 19 U.S.C. 3401.
2. Section 41.12 is revised to read as follows:
Sec. 41.12 Classification symbols.
A visa issued to a nonimmigrant alien within one of the classes
described in this section shall bear an appropriate visa symbol to show
the classification of the alien. The symbol shall be inserted in the
space provided in the visa stamp. The following visa symbols shall be
used:
Nonimmigrants
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Symbol Class Section of law
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A-1............. Ambassador, Public 101(a)(15)(A)(i).
Minister, Career
Diplomat or Consular
Officer, or Immediate
Family.
A-2............. Other Foreign Government 101(a)(15)(A)(ii).
Official or Employee,
or Immediate Family.
A-3............. Attendant, Servant, or 101(a)(15)(A)(iii).
Personal Employee of A-
1 or A-2, or Immediate
Family.
B-1............. Temporary Visitor for 101(a)(15)(B).
Business.
[[Page 10498]]
B-2............. Temporary Visitor for 101(a)(15)(B).
Pleasure.
B-1/B-2......... Temporary Visitor for 101(a)(15)(B).
Business & Pleasure.
C-1............. Alien in Transit........ 101(a)(15)(C).
C-2............. Alien in Transit to 101(a)(15)(C).
United Nations
Headquarters District
Under Sec. 11.(3), (4),
or (5) of the
Headquarters Agreement.
C-3............. Foreign Government 212(d)(8).
Official, Immediate
Family, Attendant,
Servant or Personal
Employee, in Transit.
D............... Crewmember (Sea or Air). 101(a)(15)(D).
E-1............. Treaty Trader, Spouse or 101(a)(15)(E)(i).
Child.
E-2............. Treaty Investor, Spouse 101(a)(15)(E)(ii).
or Child.
F-1............. Student................. 101(a)(15)(F)(i).
F-2............. Spouse or Child of F-1.. 101(a)(15)(F)(ii).
G-1............. Principal Resident 101(a)(15)(G)(i).
Representative of
Recognized Foreign
Government to
International
Organization, Staff, or
Immediate Family.
G-2............. Other Representative of 101(a)(15)(G)(ii).
Recognized Foreign
Member Government to
International
Organization, or
Immediate Family.
G-3............. Representative of 101(a)(15)(G)(iii).
Nonrecognized Nonmember
Foreign Government to
International
Organization, or
Immediate Family.
G-4............. International 101(a)(15)(G)(iv).
Organization Officer or
Employee, or Immediate
Family.
G-5............. Attendant, Servant, or 101(a)(15)(G)(v).
Personal Employee of G-
1 through G-4 or
Immediate Family.
H-1A............ Registered Nurse........ 101(a)(15)(H)(i)(a).
H-1B............ Alien in a Specialty 101(a)(15)(H)(i)(b).
Occupation (Profession).
H-2A............ Temporary Worker 101(a)(15)(H)(ii)(a).
Performing Agricultural
Services Unavailable In
the United States
(Petition filed on or
After June 1, 1987).
H-2B............ Temporary Worker 101(a)(15)(H)(ii)(b).
Performing Other
Services Unavailable in
the United States
(Petition filed on or
After June 1, 1987).
H-3............. Trainee................. 101(a)(15)(H)(iii).
H-4............. Spouse or Child of Alien 101(a)(15)(H)(iv).
Classified H-1A/B, H2A/
B, or H-3.
I............... Representative of 101(a)(15)(I).
Foreign Information
Media, Spouse and Child.
J-1............. Exchange Visitor........ 101(a)(15)(J).
J-2............. Spouse or Child of J-1.. 101(a)(15)(J).
K-1............. Fiance(e) of United 101(a)(15)(K).
States Citizen.
K-2............. Child of Fiance(e) of 101(a)(15)(K).
U.S. Citizen.
L-1............. Intracompany Transferee 101(a)(15)(L).
(Executive, Managerial,
and Specialized
Knowledge Personnel
Continuing Employment
with International Firm
or Corporation.
L-2............. Spouse or Child of 101(a)(15)(L).
Intracompany Transferee.
M-1............. Vocational Student or 101(a)(15)(M).
Other Nonacademic
Student.
M-2............. Spouse or Child of M-1.. 101(a)(15)(M).
N-8............. Parent of an Alien 101(a)(15)(N)(i).
Classified SK-3 Special
Immigrant.
N-9............. Child of N-8 or of an SK- 101(a)(15)(N)(ii).
1, SK-2, or SK-4
Special Immigrant.
NATO-1.......... Principal Permanent Art. 12, 5 UST 1094;
Representative of Art. 20, 5 UST 1098.
Member State to NATO
(including any of its
Subsidiary Bodies)
Resident in the U.S.
and Resident Members of
Official Staff;
Secretary General,
Assistant Secretary
General, and Executive
Secretary of NATO;
Other Permanent NATO
Officials of Similar
Rank, or Immediate
Family.
NATO-2.......... Other Representative of Art. 13, 5 UST 1094;
member state to NATO Art. 1, 4 UST 1794.
(including any of
Subsidiary Bodies)
including
Representatives, its
Advisers and Technical
Experts of Delegations,
Members of Immediate
Art. 3, 4 UST 1796
Family; Dependents of
Member of a Force
Entering in Accordance
with the Provisions
Status-of-Forces
Agreement or in
Accordance with the
provisions of the
Protocol on the Status
of International
Military Headquarters;
Members of Such a Force
if Issued Visas.
NATO-3.......... Official Clerical Staff Art. 14, 5 UST 1096.
Accompanying
Representative of
Member State to NATO
(including any of its
Subsidiary Bodies) or
Immediate Family.
NATO-4.......... Official of NATO (Other Art. 18, 5 UST 1098.
Than Those Classifiable
as NATO-1) or Immediate
Family.
NATO-5.......... Expert, Other Than NATO Art. 21, 5 UST 1100.
Officials Classifiable
Under the NATO-4,
Employed in Missions on
Behalf of NATO, and
their Dependents.
NATO-6.......... Member of a Civilian Art. 1, 4 UST 1794;
Component Accompanying Art. 3, 5 UST 877.
a Force Entering in
Accordance with the
Provisions of the NATO
Status-of-Forces
Agreement; Member of a
Civilian Component
Attached to or Employed
by an Allied
Headquarters Under the
Protocol on the Status
of International
Military Headquarters
Set Up Pursuant to the
North Atlantic Treaty;
and their Dependents.
NATO-7.......... Attendant, Servant, or Art. 12-20;
Personal Employee of 5 UST 1094-1098.
NATO-1, NATO-2, NATO-3,
NATO-4, NATO-5, and
NATO-6 Classes, or
Immediate Family.
O-1............. Alien with Extraordinary 101(a)(15)(O)(i).
Ability in Sciences,
Arts, Education,
Business or Athletics.
O-2............. Accompanying Alien...... 101(a)(15)(O)(ii).
O-3............. Spouse or Child of O-1 101(a)(15)(O)(iii).
or O-2.
P-1............. Internationally 101(a)(15)(P)(i).
Recognized Athlete or
Member of
Internationally
Recognized
Entertainment Group.
P-2............. Artist or Entertainer in 101(a)(15)(P)(ii).
a Reciprocal Exchange
Program.
P-3............. Artist or Entertainer in 101(a)(15)(P)(iii).
a Culturally Unique
Program.
P-4............. Spouse or Child of P-1, 101(a)(15)(P)(iv).
P-2, or P-3.
Q-1............. Participant in an 101(a)(15)(Q).
International Cultural
Exchange Program.
R-1............. Alien in a Religious 101(a)(15)(R).
Occupation.
R-2............. Spouse or Child of R-1.. 101(a)(15)(R).
S-1............. Certain Aliens Supplying 101(a)(15)(S)(i).
Critical Information
Relating to a Criminal
Organization or
Enterprise.
S-2............. Certain Aliens Supplying 101(a)(15)(S)(ii).
Critical Information
Relating to Terrorism.
[[Page 10499]]
TN.............. NAFTA Professional...... 214(e)(2).
TD.............. Spouse or Child of NAFTA 214(e)(2).
Professional.
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Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 95-4588 Filed 2-24-95; 8:45 am]
BILLING CODE 4710-06-M
